CEPHAS KWASI BECKLEY & OTHERS v. NOPL SUBSTITUTED BY NORPALM (GH) LTD & OTHERS
2013
COURT OF APPEAL
GHANA
CORAM
- C. J. HONYENUGA, JA (PRESIDING)
- DENNIS ADJEI, JA
- BABARA .F. ACKAH YENSU, (MS) JA
Areas of Law
- Contract Law
- Employment Law
2013
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This case involves an appeal by Norpalm Ghana Limited against a judgment ordering them to pay severance awards to former employees of NOPL. The High Court, Sekondi had ruled in favor of the plaintiffs, but the appellate court found that the trial courts judgment was given per incuriam, as the liability for severance pay rested with the Divestiture Implementation Committee (DIC), not Norpalm Ghana Limited. The plaintiffs entitlement claims were directed to the DIC, which sold NOPL's assets without transferring its liabilities.
HONYENUGA,J.A:
The instant appeal by the 1st Defendant / Appellant is against the Judgment of the High Court, Sekondi dated 20th day of May 2008. The said decision upheld the plaintiffs / respondents claim
The facts of this appeal are that the plaintiffs / respondents whom I shall hereinafter call the plaintiffs were employees of the National Oil Palm Limited (NOPL) which was formerly known as the Ghana State Farms Corporation. This change of name was a result of the divestiture of the said Corporation to NOPL. Sometime in 1986 the plaintiffs were investigated interdicted and finally prosecuted sometime in 1987 before the Public Tribunal for various offences. The plaintiffs were convicted and sentenced to various terms of imprisonment. After serving their sentences, the plaintiffs appealed against their conviction and sentence to the court of Appeal which court later allowed their appeal. Later, the Divestiture Implementation Committee, the 3rd Defendant / respondent whom I shall hereinafter refer to as the 3rd defendant sold the assets of the National Oil Palm Limited (NOPL) to Norpalm Ghana Limited, the 1st Defendant.
Appellant whom I shall refer to in this judgment as the defendant. During the process, all workers with NOPL were terminated and paid their end of service entitlements except the plaintiffs herein. The plaintiffs demanded from NOPL to pay them their end of service entitlements but to no avail. As a result of the failure, the plaintiffs in the instant writ of summons against NOPL and the Attorney General at the High Court in Accra.
The writ of Summons was later amended with the following reliefs:
“1. An order directed at the defendants to calculate and pay to the plaintiffs salary arrears, leave claims, end of service benefits, severance awards, redundancy award and all other entitlements which same were denied the plaintiffs since their interdiction on the 26th September 1996.
2. Interest on relief (i) at the prevailing bank rate from the 21st June, 1999 to date of final payment”.
The writ was accompanied by a statement of claim for which the defendants filed their statement of Defence.
Upon a motion for transfer of the suit which was granted, the suit was transferred to the High Court, Sekondi upon the orders of the chief Justice. The plaintiffs subsequently filed a motion to substitute the 1st defendant herein for NOPL which was granted. The Court suo motu also joined the 3rd defendant.
Later at the close of pleadings the issues